Solicitation.pdf

San Ysidro Land Port of Entry Head House Federal Building 750 East San ysidro Blvd.

San Ysidro, CA 92173

SECTION A – SOLICITATION/OFFER AND AWARD

A-1 Notes to Offerors

The following information is provided to prospective Offerors in order to assist you with preparing your proposals.

Please be advised that the following information does not excuse any prospective Offeror from being thoroughly familiar with the Solicitation requirements prior to submission of a proposal.

A-1.1 How to Request and Receive Explanations and Clarifications on this Solicitation

1. Before requesting an explanation or clarification to the Solicitation, please read the Solicitation in its entirety.

In most cases the clarification will be given within the Solicitation itself.

2. Any prospective Offeror who requires an explanation or interpretation of the Solicitation should request a response in writing from the Contract Specialist identified in this Solicitation. Oral explanations or instructions given to a prospective Offeror shall NOT be binding on the Government. Any information given to a prospective Offeror concerning this Solicitation will be furnished promptly to all other prospective Offerors on the Electronic Posting System (EPS) via an amendment to the Solicitation.

3. All requests for information or clarification should be submitted in writing to Mr. Brian Tang, Contract Specialist via email at brian.tang@gsa.gov or by postal service to the following address: GSA, PBS,FMSPD, 50 United Nations Plaza., 4th Floor, San Francisco, CA 94102-4912.

4. Only the persons listed above are authorized to answer questions about this Solicitation. GSA is NOT responsible for any information provided about the Solicitation by any other source.

5. All questions regarding this Solicitation shall clearly identify the Solicitation number GS-09P-14-KS-C-0010 and the specific portion of the Solicitation from where the question is derived – for example, the section and paragraph citation. Questions that are vague, illegible, irrelevant to the Solicitation, or arrive after the cutoff date established above may not receive a response.

A-1.2 How to Receive Amendments to the Solicitation

1. All amendments to this Solicitation shall be posted on the Electronic Posting System (EPS) Internet web site at www.fbo.gov. The amendments are linked to the Solicitation in FEDBIZOPS.

2. Amendments will NOT be posted in any other format but FEDBIZOPS. Prospective Offerors bear complete responsibility for ensuring that all amendments have been downloaded, reviewed, and complied with in the preparation of the proposal. Furthermore, Offerors are required to acknowledge ALL amendments as a part of their proposal submission. Failure by the Offeror to acknowledge all amendments may result in the offer being rejected by the Government as non-responsive to the Solicitation requirements.

A-1.3 How to Attend GSA’s Pre-Proposal Conference and Visit the Location(s) Where Services Will Be Provided

1. All prospective Offerors are invited to attend GSA’s pre-proposal conference, which will be held on or about Monday, March 18, 2014, 11:00AM at the San Ysidro Land Port of Entry Head House Federal Building, 720 East San Ysidro Blvd., San Ysidro, CA 92173. Advise this office in writing at least 5 working days prior to the conference if you have special needs (i.e., physical disabilities) that GSA may be able to provide assistance on during the conference.

2. Prospective Offerors are responsible for arranging for and paying for their own travel, lodging, meals, and all other expenses incurred in conjunction with attendance at this conference and any subsequent building visit.

San Ysidro, CA 92173

3. If there is sufficient interest, GSA will conduct a walk-through of the building(s) where services will be provided. Attendees shall NOT in any way interfere with or obstruct contractor personnel from performing their assigned duties during the course of the walk-through.

4. No prospective Offerors shall be given preferential treatment as a result of their attendance or failure to attend the conference.

5. Offerors should provide written confirmation of their intention to attend the conference no later than 3 business days prior to the event.

6. Should the above conference be rescheduled, only those prospective Offerors who provided a written confirmation will be notified. GSA shall NOT be responsible for any costs incurred by prospective Offerors as a result of rescheduling the conference.

A-1.4 Late Submissions, Modification and Withdrawal of Proposals

1. FAR 52.215-1(c) (Jan 2004) states, in essence, that proposals, proposal modifications, and proposal withdrawals received at the address specified for receipt of offers will NOT be considered, unless the Offeror meets the requirements set forth in that provision (see Section L of this Solicitation for further information).

2. Offerors are strongly encouraged to allow sufficient time to mail, deliver, or hand-carry their proposals to the Bid Room prior to the closing date and time established for this Solicitation. Offerors who hand-carry their proposals will be required to sign in as visitors to the building, which will include providing identification, passing through security devices, and having all packages X-rayed or visually inspected. Offerors and/or their agents who fail to fully comply with GSA’s security practices may be removed from and/or denied access to the building.

A-1.5 Inclement Weather/Unanticipated Events

Should inclement weather or other unanticipated events occur that interrupt normal Government processes and require postponement of the scheduled closing date and time for receipt of proposals, the proposal closing date and time will be changed to the same time on the next Government workday, unless notification is given to the contrary by the Contracting Officer. Potential Offerors and other interested parties should reference FAR 15.208(a) regarding this issue.

San Ysidro, CA 92173

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES

1. DESCRIPTION OF SERVICES

The contractor shall provide all management, supervision, labor, materials, supplies and equipment (except as otherwise provided), and shall plan, schedule, coordinate and assure effective performance of all services described herein. The contractor will be required to provide Food and Related Services in accordance with the requirements of this solicitation at the following building(s):

LOCATION(s): San Ysidro Land Port of Entry Head House Federal Building 750 East San Ysidro Blvd.

San Ysidro, CA 92173

PERIOD OF PERFORMANCE:

06/01/2014 through 05/31/2016 with one (1) three-year option period and one (1) five-year option period.

2. OFFER FOR BASIC SERVICES

A. BASIC SERVICES FOR INITIAL 12-MONTH PERIOD

B. BASIC SERVICES FOR FIRST 24-MONTH OPTION PERIOD

C. BASIC SERVICES FOR SECOND 24-MONTH OPTION PERIOD

San Ysidro, CA 92173

THE SCHEDULE

DESCRIPTION OF SERVICES

The Contractor shall provide all management, supervision, labor, materials, supplies, and equipment (except as otherwise provided), and shall plan, schedule, coordinate and assure effective performance of Food Services, equipment and systems described herein.

Service Contract Act Assumptions

Offerors shall establish wages for the contract by assuming the minimum hourly wages and fringe benefits established by the Administrator, Wage and Hour Division, U.S. Department of Labor, for the initial period of performance applicable to the entire performance period of the contract. The minimum wage rates and fringe benefits applicable to the initial period of performance are outlined in the incorporated wage determination.

Contract wages will be adjusted upward or downward effective on each anniversary date of the contract in accordance with the clause contained in Part II, Section I, FAR 52.222-43, FAIR LABOR STANDARDS ACT

AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS)

(SEP 2009), with the incorporation of an updated wage determination.

Responsibility for Assessing the Facility

The contractor, at the time the contractor is developing an offer in anticipation of a contract, is responsible for assessing the facility equipment inventory, condition of equipment and systems, and effort needed to operate and maintain the equipment and systems. The contractor is afforded some additional protection from repairs liability under the initial deficiency list provisions herein, but is otherwise responsible for assessing the cost and effort needed to meet contract requirements. Equipment inventory and maintenance records provided for the review of offerors are provided in good faith for informational purposes, but usually contain some errors. Contract price will not be adjusted on the basis of errors in records reviewed by the contractor when preparing the offer.

GS-09P-14-KS-C-XXXX

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PRICE SCHEDULE

Each line item below includes all labor, materials, equipment, tools, supervision and management support to accomplish the relevant tasks in accordance with the specification. All proposed prices should be for the unit indicated.

The Period of Performance of the contract shall be for 1 Year with Two (2) Year Options.

LINE DESCRIPTION OF SERVICE Notes UNIT BASE YEAR OPTION LOT I

- Two (2) YRS

OPTION LOT II -

_ Two (2) YRS

TOTAL CONTRACT

Five (5) YRS

0001 Basic Services: Food Services (including janitorial and preventative maintenance) at:

San Ysidro Land Port of Entry Head House Federal Building, 750 East San Ysidro Blvd., San Ysidro, CA 92173

MONTH $0 $0 $0 $0

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SECTION C

SCOPE OF WORK

SECTION C: PERFORMANCE STATEMENT OF WORK

SCOPE OF WORK:

The Contractor shall provide food service at the San Ysidro Land Port of Entry Head House Federal Building, 750 East San Ysidro Blvd, San Ysidro, California 92173. The Contractor shall provide all management, supervision, labor, materials, supplies and equipment (except as otherwise described herein) and shall establish and operate the food service facility for the purpose of dispensing food, non-alcoholic beverages and other such items as may be authorized by the Contracting Officer (CO), in accordance with all items and conditions specified herein. Service shall be prompt, efficient and courteous and shall avoid undue interference with the operation of the building in which services are provided.

The Contractor shall deliver competitively priced food and beverages that are healthy and, to the greatest possible extent, organic and grown locally.

The Contractor shall maintain the food service operation in an environmentally responsible and sustainable manner.

This Contract is designed to ensure that the services provided continue to meet the highest standards for customer satisfaction, wellness, a healthy diet, and sustainability. Continual feedback from the Contractor and customers is key to achieving this goal. It is understood that regular evaluations will be essential and that program adjustments by the Government and Contractor will be made based on the operational and financial results achieved and the level of success in achieving the wellness and sustainability goals outlined in this Statement of Work.

1. Description of Services

The Contractor will be required to provide food service, janitorial service, and preventive maintenance on all Government-owned equipment in said food service areas of the facility. In addition, the Contractor will be responsible for obtaining all permits, licenses and approvals to operate the facility. The variety, menu pricing and appearance of food shall be consistent with approved food service industry standards for comparable local food facilities. The Contractor shall demonstrate innovative methods in keeping with the best industry standards.

Base performance period shall be from June 1, 2014 through , May 31, 2016 with one (1) three-year option and one (1) five-year options.

2. Description of Facilities and Operation

Building Statistics – Cafeteria

Kitchen, service counter and storage area 642 SF Dining area 1,488 SF

Janitor closet 62 SF

TOTAL AREA 2,192 SF

Seating capacity (Dining room) Approximately 46.

Refer to the attached for current floor plan and equipment schedule, FS-1 & FS-2

Historical Performance Data

No sales data available – This is a new operation.

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The San Isifro Land Port of Entry (“SYLPOE”) is a 24/7 operation with three (3) shifts and approximately 400 employees per shift. Only Government Employees and Government Escorted Visitors will have access to the snack bar.

Government shall not be held responsible for any variation for employee population figures since the extent of occupancy is not guaranteed.

The State of California Business Enterprise Program, under the Randolph-Sheppard Act (20 USC Sec. 107 et seq.)

operates all vending machines in the building.

3. Hours of Operation:

A. Service Schedule

Food services shall be provided 7 days per week, from 4:00 a.m. to 8:00 p.m.

Upon a showing of good cause, the snack bar hours may be adjusted only with the approval of General Services Administration (GSA) and only after the contractor provides thirty (30) days written notice of the requested change of hours to GSA. The determination of whether or not there exists “good cause” supporting an adjustment of hours shall be within the sole discretion of GSA.

B. Modification to Service Schedule

All hours may be adjusted as necessary to accommodate the requirements of the building occupants. Any request for modifying the hours or days of service shall be submitted for approval by the Contracting Officer Representative (COR).

4. Financial Reporting Requirements:

(1) The Contractor shall furnish copies of monthly Profit & Loss (P&L) statements to the Concessions Officer, General Services Administration, 50 United Nations Plaza, San Francisco, CA 94102, within thirty (30) days after the end of the monthly accounting period.

Contractor certification for end-of-fiscal-year statement: The Contractor shall certify their end-of-fiscal-year P&L statement for submission to the Concessions Officer.

5. Food Services

The Contractor shall propose marketing techniques to provide the food service in a “grab-and-go” setting, with a wide variety of food selections prepackaged and prepared at the point of service. In addition to the typical prepackaged type of snack bar services, the contractor shall maximize a healthier and more sustainable food service operation by increasing of healthier and sustainable food and beverage choices, while eliminating industrially produced trans fats, decreasing the sodium content on available foods, and allowing people to make informed choices about what they are purchasing and eating through the labeling of menu items. The Contractor is encouraged to follow the guidelines in Exhibit 1 (Health and Sustainability Guidelines for Federal Concessions) to meet a healthier and more sustainable food service operation.

As a means of achieving optimal food service solutions and a wide variety of selections, the Contractor is encouraged to propose innovative food services solutions in order to provide maximum value to the border station and to the end users. The Contractor may provide his own concepts and products and/or incorporate “product branding” within the operation.

6. Responsibilities of the Contractor

The Contractor shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of buildings in which services are provided. Licenses and permits shall be obtained as required by State and local authorities, and all applicable building, health, sanitary, and other regulations and laws shall be observed, including but not limited to the rules and regulations governing conduct on Federal Property title 41, Code of Federal Regulations, part 102-74, subpart C.

The Contractor shall employ sufficient and suitable personnel, secure and maintain insurance, maintain records, submit reports, and observe other contract requirements, as set forth herein. The Contractor shall pay employees at a rate that is in full compliance with the U.S.

Department of Labor Wage Determination No: 2005-2057 (Food Preparation and Service Occupations 07000) include every fee, cost, or other charges resulting from operations under this contract.

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Contract wages will be adjusted upward or downward effective on each anniversary date of the contract in accordance with the, FAR 52.222- 43, FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009), with the incorporation of an updated wage determination.

The Contractor shall meet monthly, or as needed with the COR to discuss mutual objectives, including but not limited to service levels, Wellness Program, Sustainability Plan, menus and marketing programs.

The Contractor acknowledges that they must register with the System for Award Management (SAM) database prior to the award, through final payment of any contract resulting from this solicitation. If the Contractor does not register with SAM in the time prescribed by the Contracting Officer, the Contracting Officer may award the contract to the next registered Contractor who successfully meets and fulfills requirements. The Contractor may obtain information on registration and annual confirmation requirements via the internet, at http://www.sam.gov/portal/public/SAM/ or by calling 1-866-606-8220. The Contracting Officer's Representative can provide assistance with the SAM registration process.

Reasonable care shall be exercised in the use of space and Government owned equipment and, upon contract termination, the Contractor will yield such space and equipment in as good a condition as when received, except for ordinary wear and tear and damage or destruction beyond the contractor's control, and not due to the Contractor's fault or negligence.

Except as otherwise provided herein, the Contractor shall adjust, repair, and continuously maintain in a satisfactory condition, all equipment and utensils used under the license, regardless of whether provided by the Government or by the Contractor.

A. Service

The Contractor shall clean and sanitize the dining room tables after each break and at the end of the day. The Contractor shall remove any remaining items from the tables. Patrons shall be requested to remove trays, dishes and utensils from tables to dish carts that will be strategically located in the dining area.

The Contractor will provide bussing service to remove any remaining soiled dishes and assure that tables, booths, chairs and benches are cleaned and sanitized.

B. Menu

It shall be the responsibility of the Contractor to provide a variety of quality prepackaged and prepared foods in accordance with industry trends, industry standard practices and the industry’s latest concepts. The Contractor shall offer food that provides wide variety to customers, including vegetarian, organic, healthy, and light eaters. Menus should also include items for people with special dietary restrictions and offer “heart healthy” menu items that meet American Heart Association guidelines (no more than 30% calories from fat). Menus must include items that are less than 300 calories per serving and be clearly identified in the menu.

The Contractor shall comply with the 2010 and all subsequent revisions of U.S. Dietary Guidelines for Americans.

Prior to the start date of service, the Contractor shall provide to the COR a complete price/portion book for the account (e.g.: hamburger, list patty size and selling price; ham sandwich list ounces of meat, toppings included and selling price).

Menus with prices, calorie and nutritional information listed shall be prominently displayed for the information of patrons. Temporary menu items appearing on the menu for less than 60 days are exempt from calorie and nutritional information requirements.

The menu, price and portions submitted by the Contractor for the cafeteria shall be binding upon signing of the Contract. Any change in menu, price, or portion size, (including additional items for sale) shall be submitted in writing and require written approval by the Contracting Officer.

No menu change shall be in effect until a notice of two weeks has been given by the Contractor to the patron and COR with a brief statement of cause, with new menu, price, and portion information.

C. Equipment and Utensils Provided by the Contractor

All required equipment and utensils not provided by the Government under the provisions of Section 7 (Responsibilities of the Government), shall be provided by the Contractor. Contractor shall replace such equipment and utensils when necessary because of loss, wear, breakage, or obsolescence. Equipment and utensils provided by the Contractor shall be of a quality in keeping with that provided by the Government as determined by the COR. The Contractor shall provide all necessary food service equipment and utensils of the general character listed below and replace such equipment and utensils when necessary because of loss, depreciation or obsolescence

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Cash registers Containers and cans, all types Dispensers, napkins Inserts for steam table and counters Machines, office and cash handling Menu boards, letters, price markers Office furniture Safe Scales, food preparation Sharpeners Cutting boards Trash receptacles Trays Table ware (China, cutlery, glassware etc.)

Utensils and kitchenware Vehicles All other kitchen small wares to meet contract requirements

Disposable products provided by the contractor shall include products that are petroleum-free, contain post-consumer recycled content and processed chlorine free. All disposable products must be “compostable” and compatible with the recycling/compost system that will be or is in use within the building. The use of disposable chinaware (including plates, cups, and bowls) constructed of Polystyrene Foam is prohibited.

All items provided by the Contractor shall be of good quality, suitable for the purpose of its intended use, and consistent with the quality of the various items provided by the Government. All equipment furnished by the Contractor shall be subject to approval of the COR.

The Contractor shall provide, at his sole expense, a complete Point of Sale (POS) system to include the acceptance of patrons’ patron’s credit and debit cards in an expeditious manner.

The Contractor shall provide submittals and samples for approval by the COR of all menu boards, signage, trash receptacles and other highly visible items such as plates, cups and food utensils, including dishes and silverware prior to placement. It is a requirement of this contract that such items be aesthetically consistent with the snack bar/dining design elements. This requirement shall remain in effect throughout the entire term of the contract. Installation and placement of approved menu boards, signage, trash receptacles and decorative items are the Contractor’s responsibility.

Trash receptacles shall be of hard, non-toxic plastic material. Single service plastic liners shall be used in conjunction with these receptacles.

All trash containers will be provided with self-closing swing tops. A sufficient number of receptacles must be strategically placed to accommodate the daily requirements and emptied as soon as they become full.

Contractor should maintain a physical inventory of all Contractor owned equipment on site. All Contractor owned equipment shall remain the property of the contractor throughout the contract term.

D. Sanitation and Quality.

The Contractor shall serve quality food, under clean and sanitary conditions in accordance with the provisions and recommendations contained in the most recently published Food Code, U.S. Public Health Service publication. All foods served shall be wholesome and free from spoilage, free from adulteration and misbranding, and safe for human consumption. Uncooked items, such as fresh fruits, shall be clean and free from blemishes. All foods when served shall be attractive in appearance and correct in temperature and consistency. To the degree possible, the Contractor will purchase food that is produced locally (within a 100 mile radius) and regionally (within a 300 mile radius). To the degree that certified organic products can be offered at market comparable prices (financially sustainable) they should be available on the menu.

The Contractor will use the following specifications as a guide when purchasing food products:

• Meat Beef U.S. Department of Agriculture (USDA) Choice

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Pork USDA Number 1 Veal USDA Select and Choice Lamb USDA Choice Poultry USDA Grade “A” for all graded fresh or frozen poultry and poultry products as a minimum specification

• Seafood Frozen fish must be packed under continuous inspection of the U.S. Department of Agriculture

• Dairy

Eggs Fresh USDA or State Grade “A” (the use of cage free eggs will be at the Contractor’s discretion)

Butter USDA Grade “A” (92) Score Cheese USDA Grade “A” for all graded cheeses Milk and milk products USDA Grade “A” Fresh

• Produce USDA Grade “A”

• Dry Stores Grade “A” Fancy

• Canned goods Grade “A” Fancy

All employees assigned by the Contractor to perform work under this agreement shall be physically able to do their assigned work and shall be free from communicable diseases as certified by a medical examination, performed at no cost to the Government. The current Food Code, U.S.

Public Health Service, ServSafe processes and all local codes and regulations relating to food service sanitation and procedures shall be adhered to by the Contractor.

The Contractor shall develop and implement a Quality Control Plan which will include regular routine self inspections and include a Hazard Analysis Critical Control Point (HACCP) plan. The procedure shall be based on the seven basic principles as outlined in ServSafe and in the most current FDA Food Code. The plan must be a written document for controlling and monitoring the following food processes:

A. Cooking B. Hot-holding C. Cold-holding D. Cooling E. Reheating F. Refrigeration and storage of potentially hazardous foods G. Cleaning and sanitizing of food contact surfaces

All Quality Control Plan documents shall be made available for review by the COR upon request.

Any suspected outbreak of human illness, whether involving employees or visitors, is to be reported immediately to the Government (CO and COR) and to a public health consultant. A suspected outbreak of human illness results when two or more persons have common symptoms that could be associated with contaminated water or food sources or other adverse environmental conditions.

E. Personnel and Supervision.

(1) The Contractor shall employ sufficient personnel to maintain sanitary conditions and to provide prompt and efficient service at all times. All employees shall be sober, conscientious, neat, and courteous. The Contractor must at all times provide an adequate number of food service employees to perform the varied and essential duties inherent to a successful food service operation. The Contractor shall employ a full-time Food Service Manager. The Manager will be expected to effectively oversee the day-to-day operations of the establishment by providing a healthy and nutritious cafeteria experience for guests while maintaining a facility that adheres to Healthy and Sustainable Food Guidelines (Exhibit 1). The Government reserves the right to approve the person selected as Food Service Manager.

The Food Service Manager and back-up Manager must be ServSafe certified, and posted in facility.

The contractor must maintain current food safety certifications and credentials as required by the Federal Food Code. In addition, at least one person onsite during all hours of operation must be a certified food protection manager. “the person in charge shall…be present at the

Page - 11 food establishment during all hours of operation and that…person in charge shall be a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program…”Federal Food Code Section 2-102.11

All Contractor personnel must be able to read, write, speak and understand English in order to carry out all duties assigned to them and to communicate with customers.

(2) The Contractor's employees shall wear a distinctive item of clothing such as a badge, cap, armband, blouse, or uniform as a means of identification during the time they are in the building. The Contractor's employees shall wear proper uniforms, including hair nets and/or head / covers during the time they are performing their duties in the building. Legible nameplates identifying each employee shall be provided by the contractor and displayed as part of the uniform.

(3) The Contractor's employees shall be required to change their clothing and store their personal items in the locker rooms provided, and maintain the locker rooms in a neat and clean condition.

(4) Employees of the Contractor shall be fully capable of performing the type of work for which they are employed.

(5) In order to maintain a high quality food service operation at all times, the Contractor must provide adequate, trained relief personnel (management and staff) to substitute for absent regular employees.

(6) The Contractor is required to schedule a monthly employee training program that will continue for the duration of this contract and any extensions thereof, to ensure that employees perform their jobs with the highest standards of efficiency, customer service and sanitation excellence. Contractor must keep on site a record of training attendance and subject matter covered for Government review.

(7) The Contractor shall require the employees to comply with such instructions pertaining to conduct and building regulations as are in effect for the control of persons in the building, or as may be issued for that purpose by Government representatives. All employees must be cleared through HSPD-12 Government security clearance procedures in accordance with Exhibit 2.

(8) All articles found by the Contractor, the Contractor’s agents or employees, or by patrons and given to the Contractor shall be turned in to the Building Manager's office as lost and found items.

(9) In addition to the above, the Contractor is responsible for:

Ensuring that all employees have a Contractor Identification Badge before they report for duty. The COR will advise the Contractor on procedures for obtaining clearances.

Returning badges to the COR as employees are dismissed or terminated, and or when the Contract expires.

Ensuring that employees properly wear their badges at all times while on duty, and show them upon request.

Ensuring that employees make themselves available to pose for new photo identification badges when original badges expire.

Schedule for obtaining new badges to be determined by the COR.

F. Composting/Recycling

(1) All paper products and disposable utensils provided by the Contractor shall be made of compostable material.

(2) The Contractor shall work in conjunction with the Government in the promotion of their ongoing recycling and composting efforts. All bins will be provided by the Government. The Contractor shall promote the recycling effort via appropriate signage and other customer education efforts. Signage must be approved by the COR.

(3) The Contractor shall work in conjunction with the Government to collect food waste for composting, including waste created during food preparation and collected from returned serving trays.

(4) The Contractor shall collect, store and recycle grease and cooking oils. The containers and surrounding space are to be kept clean and orderly by the Contractor. The Contractor shall be responsible for the proper storage and marking of containers of grease and cooking oils.

Kitchen grease will be collected in containers that are waterproof, vermin-proof, covered, and well labeled to indicate container contents.

G. Contractor-Performed Repairs

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(1) The Contractor shall adjust, repair, and continuously maintain in a satisfactory condition, all equipment and utensils used under the agreement, regardless of whether provided by the Government or the Contractor. The Contractor shall be responsible for the repair and the repair cost (material, parts, and labor) of each Government owned equipment item not to exceed $500.00 per repair. Note: The Contractor is responsible for the first $500.00 of each repair, regardless of the cost for each repair. The Government shall not be responsible for repair or replacement of equipment provided by the Contractor.

(2) The Contractor shall immediately perform these repairs whenever equipment begins to break down or operate at less than 100% efficiency. Any delays in repairing equipment which causes further damage to the equipment may result in the vendor bearing the entire cost to repair or replace the equipment. The Contractor shall notify the COR when such work is being accomplished. Repairs on food service equipment covered by a warranty or guarantee agreement shall not be initiated without the prior approval of the COR.

(3) The Contractor shall report and receive prior COR approval on any potential need of repairs to Government furnished equipment where the cost of labor, parts and materials is expected to exceed $500.00. Any fees required for estimates will not be paid by GSA.

H. Contractor Performed Maintenance

(1) The Contractor is required to perform a preventive maintenance program on all Government owned equipment. In the event the Contractor does not have a maintenance department or qualified maintenance personnel, the Contractor is required to contract with a qualified equipment maintenance source. The Contractor shall develop a preventive maintenance schedule, including frequency and tasks to be performed on each piece of equipment. The program is subject to review and approval by the COR.

(2) The Contractor will forward to the COR a report of the preventive maintenance work actually performed, providing the dates that each job was accomplished.

(3) Failure of the Contractor to perform preventive maintenance on the equipment may result in the Government obtaining the services of a recognized maintenance company and billing the Contractor for such services.

I. Cleaning and Janitorial Services

(1) The Contractor shall furnish all labor, supplies, materials, equipment and supervision to maintain the daily maintenance, cleaning and sanitation of the kitchen equipment, storage areas, floors, walls (up to six feet) and trash removal within the confines of the snack bar kitchen. This work may be sub-contracted to a qualified commercial cleaning contractor to accomplish this work, with the approval of the

COR.

The Contractor will be responsible for complying with GS-42 Green Seal Environmental Standard for Cleaning during the term of this contract. Green Seal’s mission is to work towards environmental sustainability by identifying and promoting environmentally responsible products, purchasing and production.

Before beginning work, the Contractor shall submit to the COR the brand name or manufacturer of any material proposed for use in connection with the work of this contract.

Any material which the COR determines would be unsuitable for the purpose, or harmful to the surfaces to which it is to be applied, may be rejected. All chemicals used for the purpose of cleaning shall be non-toxic and non-hazardous. Material Safety Data Sheets (MSDS) for all products used shall be placed on site prior to the start date of the contract. MSDS’s shall be maintained on site and updated as required.

(2) Equipment used in the performance of cleaning and janitorial services shall be of the type, and of sufficient capacity to assure high quality work, and shall meet with the approval of the COR.

(3) The Contractor will collect all trash/recycling/compost associated with the operation and transport it to a designated trash receptacle at the loading dock. The Government will be responsible for the removal of the trash from the building.

(4) Failure to keep any of the facilities in a clean and sanitary condition may result in the withdrawal of the privilege of using such facilities or, the COR may have the facility cleaned by other means and the cost of such work charged to the Contractor

(5) The Government shall be responsible for the following janitorial service outside of the kitchen area:

Clean all exterior windows, ledges and frames, both inside and out;

Clean the floors in the dining area and servery;

Clean and sanitize the dining room tables, chairs, and government-provided microwave ovens;

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Clean and sanitize the restrooms and furnish all restroom supplies;

Remove all trash in designated areas.

J. Security Areas

The Contractor shall be responsible for the security of all areas under the jurisdiction of the Contractor. Designated employees shall have the responsibility for determining that all equipment has been turned off, that windows are closed, lights and fans turned off, and doors locked when the facilities are closed. A key shall be available for emergency use only in the building security offices.

The Contractor is responsible for ensuring that employees shall not express, repeat, comment upon, disclose, or use in any way any, information seen, observed or derived from documents or conversations of a sensitive or confidential nature overheard by them in the performance of their duties. The Contractor shall comply with and assume responsibility for compliance of this provision by its employees.

K. Hazardous Conditions

The Contractor shall be responsible for identification, prevention of, or clean up of unsanitary or hazardous conditions that are dangerous to anyone using the food facility. This shall include any employee, agent or representative of the Contractor, Federal employee or other patrons of the food service facility and shall be applicable to any portion of the facility that is under the jurisdiction of the Contractor.

(1) Hazardous Conditions: The Contractor is responsible for identifying any hazardous conditions that may develop in the space assigned to him, and shall immediately notify the COR of the condition. The Government does not warrant or guarantee that no other possible safety hazards exist.

(2) Compliance with OSHA: Compliance with the Occupational Safety and Health Act and other applicable laws and regulations for the protection of Contractor employees and subcontractor employees performing the requirements defined in this specification is exclusively the obligation of the Contractor. The Government will assume no liability or responsibility for the Contractor’s compliance or noncompliance with such requirements.

L. Liability

The Government will not be responsible in any way for damage or loss caused by fire, theft, accident, or otherwise to the Contractor's stored supplies, materials or equipment, or the employees' personal belongings. Any personal injury or physical damage to the building or equipment resulting from fire or other causes shall be reported to the Building Manager immediately.

M. Occupant Emergency Program.

The Contractor shall notify the local fire department in the event of fire. All of the Contractor employees shall be organized and trained to participate in Fire, Shelter in Place (SIP) and drills including the reporting of fires. This shall be accomplished with the cooperation of the Buildings Manager and the Occupant Emergency Plan, a self protection plan developed in accordance with GSA guidelines. A copy of this plan is available in the Building Manager’s office.

N. Information Access

The General Service Administration (GSA) or its duly authorized representative shall, until (3) years after the term of the Contract, have access to and the right to examine any documents, books, papers and records involving transactions related to this Contract.

7. Responsibilities of the Government

A. License to Operate the Facility

The Government agrees to grant to the Contractor for the stipulated period, subject to the agreement and conditions herein, the right to establish food service establishment in the San Ysidro Land Port of Entry Head House a Federal building, 750 East San Ysidro Blvd, San Ysidro, California 92173 as described herein and in connection therewith to prepare and sell food, nonalcoholic beverages and such other products as the Government may authorize.

B. Space

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At the beginning of the Contract period, the Government will provide, space for operations under the agreement, as indicated and thereafter, such space as it may deem necessary or desirable. The Government will provide adequate ingress and egress, including a reasonable use of existing elevators, corridors, passageways, driveways, and loading platforms. The Government will, as it deems necessary, provide space heating, space lighting, ventilation, utilities, and an Integrated Pest Management program. In addition:

(1) The Government will make improvements and alterations as deemed necessary or desirable to prepare or recondition assigned space for its intended purpose, including improvements and alterations necessary to conform to applicable sanitary requirements.

(2) The Government will maintain and repair building structure in areas assigned for the operator's use, including painting, maintenance of gas, water, steam, sewer, and electrical lines, main building ventilation and life safety systems. The Government will maintain the electrical lighting fixtures (including relamping); floors and floor coverings, and walls and ceilings. The Contractor shall bear the expense of repairs necessary because of negligence on the part of the Contractor or the Contractor's employees.

(3) At its own expense, the Government shall provide, install, and permit the Contractor to use the equipment listed, and additional equipment of a similar type when required for expansion approved by the COR. Equipment no longer needed for the food operations may be withdrawn by the COR. The Government will replace equipment which it has provided, as it deems necessary, subject to adequate maintenance and repair of equipment by the Contractor as required in Section 6, Responsibilities of the Contractor.

Government Owned/Furnished Equipment

The Government will furnish for the Contractor's use equipment which may include the following:

Wire Storage Shelving Soap and Towel Dispenser Condiment Holder Cup Dispenser Microwave Oven Ice & Water Dispenser w/ filter Coffee Brewer Cup Dispenser Airport Coffee Brewer Airport Coffee Rack Hot Display Case Hot Dog Roller Grill Bun Warmer Popcorn Popper Toaster Cutting Board Pizza Prep Table Under-Counter Refrigerator Reach-In Freezer Reach-In Refrigerator Chemical storage shelf Trash Can Trash Can Other food service equipment that are constructed as part of the building and affixed to the structure

8. Startup Service

The Government shall provide a startup period prior to the contractor’s start date.

The purpose of this startup period is to permit the contractor to assess the condition of the snack bar and any of the new equipment or construction work. During this period the Contractor must:

1. Develop a preventive maintenance plan;

2. Inspect the condition of all equipment for which the Contractor will assume responsibility;

3. Review equipment inventory information;

4. Develop the initial deficiency list report;

5. Prepare the snack bar for the Grand Opening.

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The Government shall be responsible for ensuring that all equipment is operational prior to the Contractor assuming responsibility for the equipment The Contractor shall be responsible for making immediate adjustments or corrections that fall within the scope of routine preventive maintenance required by this contract at no additional cost to the Government.

When an existing deficiency is corrected, the Contractor shall assume full responsibility for the subsequent maintenance of the equipment as covered under the terms of this Statement of Work.

9. Transition Phase – Out Period

When this contract expires or is otherwise terminated, the Contractor must cooperate with the incoming contractor during a phase-out period.

For planning purposes, the Contractor must assume a phase-out period of ten (10) days.

During this phase-out period, the Contractor must assist the COR or designee, as well as the incoming Contractor to ensure that there is a seamless operation and maintenance transition with no adverse affects on the building tenants; and, provide the successor Contractor with access to all records and official documentation (both hard copy and electronic as applicable) required by this contract.

10. Rights and Authority of the Government

Subject to the detailed provisions stated in this Statement of Work, menus, recipes, the quality of food and services, prices charged, the type, quantity, and condition of equipment, and all other phases of operations shall be subject to the review and approval of the COR and CO at all times.

11. Restrictions

A. Equipment

Unless otherwise permitted by the CO, the Contractor shall not install and/or operate any unauthorized piece of equipment or remove any Government owned equipment from the premises (except for repair).

B. Patronage

Since the facilities to be provided hereunder are primarily for the benefit and conveniences of Federal employees, patronage from other sources may be regulated by the Government.

C. Facilities

The physical facilities made available to the Contractor under this Contract shall not be used in connection with operations not included in the contract. Conversely, however, the Contractor may, if desired, utilize centralized food preparation and storage sources located elsewhere from which distribution is made to the facility operated by this contract. Prices charged to the operation for items obtained from these sources shall not exceed the actual cost of procurement and/or storage, preparation and distribution.

Government property shall be used for official Government business only in the performance of this contract or on-site catering. The Contractor or the Contractor’s employees will not use Government property in any manner for any personal advantage, business gain or other personal endeavor.

D. Termination for Cause/Default

The Government shall have the right to terminate this contract at any time during the term hereof if it is determined that the services or products offered by the contractor are not substantially consistent with the terms of the contract. A Termination for Cause/Default shall be undertaken in accordance with the relevant sections of FAR Part 49.4 - Termination for Default, including but not limited to FAR subpart 49.402-3, Procedure for Default.

The Government must provide written notice of any deficiencies to the Contractor. Correction is required within 10 days of such written notice, unless such deficiencies jeopardize the health and safety of patrons, in which case GSA reserves the right to take immediate action..

The Contractor shall have the right to terminate this contract if they determine that the food service operation is not meeting its population or profit goals. The contractor must provide a sixty (60) days written notice to terminate.

E. Termination for the Government’s Convenience

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The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

A Termination for Convenience shall be undertaken in accordance with the relevant sections of FAR Part 49 – Termination of Contracts, including but not limited to FAR subpart 49.502 – Termination for the Convenience of the Government.

F. Additional FAR/GSAM Clauses Incorporated by Reference

52.228-5 Insurance—Work on a Government Installation

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Concessions Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective.

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Concessions Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Concessions Officer upon request.

552.228-5 Government as Additional Insured

(a) This clause supplements the requirements set forth in FAR clause 52.528-5, Insurance–Work on a Government Installation.

(b) Each insurance policy required under this contract, other than workers’ compensation insurance, shall contain an endorsement naming the United States as an additional insured with respect to operations performed under this contract. The insurance carrier is required to waive all subrogation rights against any of the named insured.

SECTION D

PACKING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES

The Contractor shall pay for all postage and fees related to submitting information, including forms, report, etc., to the Contracting Officer or the Contracting Officer's Representative.

D.2 MARKING

All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being…